Kejriwal's bail: Lawyers write CJI on courts' 'unprecedented practices'
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New Delhi: Raising "unprecedented practices" in courts, a team of 150 lawyers from Delhi High Court and district courts submitted the Chief Justice of India a written representation. In the document to the CJI DY Chandrachud, the lawyers were reacting to Delhi Chief Minister Arvind Kejriwal's bail being paused by the Delhi HC after a trial court granted him the same, India Today reported.
The delegation of lawyers includes lawyers from the legal cell of Kejriwal's own party, Aam Aadmi Party (AAP).
In the representation submitted earlier this week, the lawyers mentioned that the Enforcement Directorate (ED) sought a pause on Kejriwal's release after the trial court granted him the same in the liquor policy case. The lawyers said that a hearing was held before the order was uploaded.
Pointing this, the lawyers asked how Justice Sudhir Kumar Jain allowed ED's challenge of the trial court's bail before the bail order was uploaded. The lawyers said that the "most worrying" is the HC also ordered a pause on the execution of the bail bond. All developments happened in Delhi HC before the trial court order was uploaded, the lawyers pointed out.
"Such things like this have never been seen before in the history of the Indian judiciary. This has raised deep concerns in the minds of the legal fraternity," India Today quoted the lawyers' submission.
Further, the submission alleged that judges are not recording advocates' submissions in their orders.
The document said that many advocates raise concerns that judges are not recording their submission in their orders, "which is the first time in the history of the court." The practice was unusual and needed to be corrected, the lawyers wrote. They demanded the Supreme Court to issue directions that the submissions made during the hearing must be recorded in front of lawyers before the matter is adjourned.
The letter also mentioned how courts were giving longer bail matters dates.
Further, the lawyers raised that they have concerns that in bail matters, especially involving central agencies, courts are giving dates of longer durations, and there are delays in disposing of bail matters. The letter reminded us that the said practice is against the principles of justice and the constitutional guarantee of liberty.
